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The early stages of internet development operated in a culture of independence from outside influence. In fact, as though to commemorate the spirit of the times, in 1996, John Perry Barlow wrote "A Declaration of the Independence of Cyberspace." In it, he told governments they "have no sovereignty where we gather." He went on to state, "Ours is a world that is both everywhere and nowhere, but it is not where bodies live." more
Over the next month, the ICANN Board will consider its options for ensuring that some framework is in place to ensure ICANN's accountability to the global Internet community after the approaching expiration of its Memorandum of Understanding and Joint Project Agreement (MOU/JPA) with the U.S. Department of Commerce. We analyze these options in our new paper... more
Over the course of the last decade, in response to significant pressure from the US government and other governments, service providers have assumed private obligations to regulate online content that have no basis in public law. For US tech companies, a robust regime of "voluntary agreements" to resolve content-related disputes has grown up on the margins of the Digital Millennium Copyright Act (DMCA) and the Communications Decency Act (CDA). more
I believe and strongly support Internet Principle and Right Coalition (IPRC) Charter is an important edition of document supplementing the principles and rights of individual internet users in any developing and least developed country. Especially in Asia Pacific region where the need and use of such document is immense, as there is a gap in recognition and awareness of rights of internet users. more
As we watch the Ukraine and Russia conflict over boundaries and territories, I chanced upon a YouTube video showing the region of Europe and how, for the last 1000 years, national boundaries and names of nations have changed where in 1142, you had nations like Muslim Spain, Kievan Rus. In 1143 the Kievan Rus included modern-day Ukraine and Crimea, and in 1163 bulk of Central and Southern Europe was the Holy Roman Empire... more
A new book by David Lindsay, an academic at Monash University's Law School and a widely published expert on internet law, intellectual property law and privacy, has recently been published. ...In this path-breaking work the author examines the extent to which principles of national trade mark law have been used in UDRP decisions. It will be essential reading for anyone, whether academic or practitioner, interested in internet law, intellectual property, and e-commerce law. more
ICANN comes in for a lot of criticism. That's because people care very deeply about it. The multi-stakeholder model, of which ICANN is the exemplar, is such a radical and revolutionary departure from how global affairs have been managed in the past that many of us are constantly on guard lest ICANN degrade into the command-and-control structure that characterizes other global regulatory bodies. At ICANN, it's the volunteers, those who care (as well as, yes, those who are paid to pretend to care) who set policy more
This year in July gen. Keith Alexander, director of the National Security Agency and head of the US Cyber Command participated at DefCon, the hackers conference in Las Vegas. In his address, gen. Alexander said, among other things, "This is the world's best cybersecurity community. In this room right here is the talent our nation needs to secure cyberspace."... As someone, who is regularly meeting the top Russian cyber folks, I already know (unofficially, of course) how the words of gen. Alexander were met in Moscow. more
Bruce Schneier in an op-ed piece published in the Guardian on Thursday writes: "Government and industry have betrayed the internet, and us. By subverting the internet at every level to make it a vast, multi-layered and robust surveillance platform, the NSA has undermined a fundamental social contract..." more
The GAC Communiqué recommends that ICANN implement a range of regulations (which the GAC calls "safeguards") for all new generic top-level domains (gTLDs) covering areas ranging from malware to piracy to trademark and copyright infringement. The GAC proposes specific safeguards for regulated and professional sectors covering areas as diverse as privacy and security, consumer protection, fair lending and organic farming. Finally, the GAC proposes a "public interest" requirement for approval of new "exclusive registry access" gTLDs. more
The coronavirus pandemic has, in the most emphatic way, shown us all just how interconnected everything and everyone is. A worldwide race is underway to minimize human interactions in order to avoid a global catastrophe. The inescapable consequence of these initiatives is an unprecedented shut down of the local, regional and global economy. The latest cost estimate to save the global economy is now at $7 trillion and climbing. more
Trademarks and brands are often among a company's most valued assets. Customers associate trademarks and brands with producer integrity. They engender consumer trust. Without TMs and Brands, companies struggle for attention and find it more difficult to link the company's integrity and trustworthiness in the marketing of its goods and services. Representing company promise and customer expectations, they are uniquely positioned to symbolize common values and aspirations. more
At the WCIT in Dubai it is interesting to follow the debates surrounding the many issues being addressed at this world congress. There are the issues of internet governance in the broadest sense of the word - these have received widespread attention. But if we look at the core issues that an organisation such as the ITU can address then the scope widens - to topics such as the rules for the International Telecommunications Regulations (ITRs), and particularly those in relation to the rules for rates and charges. more
On Friday, Mykhailo Fedorov, Ukraine's digital transformation minister, asked Cloudflare and Amazon to stop serving Russian web resources and protecting Russian services. He said in a tweet that Ukraine was "calling on Amazon to stop providing cloud services in Russia." He also said that "Cloudflare should not protect Russian web resources while their tanks and missiles attack our kindergartens." more
Data privacy will be among the items topping the agenda at an upcoming Caribbean Internet Governance Forum to be held by the Caribbean Telecommunications Union (CTU) in Suriname this month. The meeting is part of an effort by several Caribbean countries to establish and strengthen policies to ensure that Internet users' personal information is collected, shared and used in appropriate ways. more
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